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(영문) 서울남부지방법원 2015.07.09 2015가합100922
관리비등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 2004, B, C, and D, the owner of the instant aggregate building, completed the instant aggregate building and completed the registration of ownership transfer for reasons of sale to buyers on the same day after completing the registration of ownership transfer.

B. On December 5, 2004, B entered into a building management contract on the instant aggregate building (hereinafter “instant management contract”) with Liia&D Co., Ltd. (hereinafter “Li&D”). The term of the contract was from December 6, 2004 to December 5, 2006, which determined that B may be extended to the same period of the contract before the expiration of the contract by evaluating the management performance of Li&D one month prior to the expiration of the contract.

Since then, without entering into a management consignment agreement with the defendant, the plaintiff has been actually continuing to manage the condominium building of this case.

C. On January 23, 2014, the Defendant entered into a building management contract with the Ginjin Management Co., Ltd. (hereinafter “Ginjin Management”) with respect to the instant aggregate building during the contract period from February 1, 2014 to January 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 1 and 68, the purport of the whole pleadings

2. The plaintiff's assertion

A. On January 23, 2014, the Plaintiff continued to manage the instant aggregate building even after the initial contract period had been exceeded in accordance with the instant management contract concluded with B, which is the owner of the instant aggregate building. Since the sectional owners of the instant aggregate building have paid management expenses to the Plaintiff, the instant management contract is deemed to have been implicitly renewed. However, the instant management contract was concluded inasmuch as the Defendant’s manager asserted that E did not hold a management body meeting for the appointment of a new management company and the management body did not have adopted a resolution to reject the Plaintiff, the Plaintiff entered into a building management contract at will between the low-income management and the Plaintiff at will.

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